NEW JERSEY STATE BOARD OF COSMETOLOGY AND …

REGULAR MONTHLY MEETING BOARD OF COSMETOLOGY & HAIRSTYLING

124 HALSEY STREET - 6TH FLOOR NEWARK, NEW JERSEY 07102 MARCH 9, 2004

BUSINESS AGENDA

1. FOR BOARD CONSIDERATION:

Correspondence received from Mr. Burt Liebman, Regulatory Affairs Officer, Division of Consumer Affairs with accompanying copy of Assembly Bill #1264, sponsored by Assemblyman Craig A. Stanley. If enacted, it will amend the existing definition of cosmetology & hairstyling to broaden the practice as well as create new licenses for general barbering and barbering and hairstyling within the practice of cosmetology & hairstyling; and Mr. Liebman has asked that the Board review this proposal and inform him as to whether it's position has changed since it opposed this same proposal in the last session. A copy of the memorandum setting forth the Board's reasons for opposing the proposal in the last session has been included with the agenda materials for this item.

Motion:________________________________Seconded:__________________________

2. FOR BOARD CONSIDERATION:

Correspondence received from Mr.Jim Cox, Executive Director, American Association of Cosmetology Schools in connection with the Spring Management Conference they are sponsoring in Las Vegas, Nevada on March 28 & 29, 2004. He has invited the Board Chairperson and Executive Director to attend and has indicated that their registration fees have been waived but that we must be responsible for their transportation and hotel expenses.

Motion:________________________________Seconded:__________________________

3. FOR BOARD CONSIDERATION:

Correspondence received from Ms. Tanya Patterson in connection with her application for initial shop licensure of Foxxy's 575 Clifton Avenue, Clifton, New Jersey. The hand washing facilities for the lavatory are on the outside wall and the shop only contains 305 square feet of working space, 45 square feet short of the minimum required by N.J.A.C. 13:28-2.5; but she has indicated that she is unable to move the sink or enlarge the shop and that a licensed nail establishment operated at this location as recently as July 2003 and prior to that, licensed barber shops; and she has asked that the Board waive it's minimum licensing requirements and issue the desired license.

Motion:________________________________Seconded:__________________________

4. FOR BOARD CONSIDERATION:

A copy of Assembly Bill #1918, sponsored by Assemblywomen Loretta Weinberg. If enacted, it will require that home-schooled children be administered each of the Statewide assessment tests required by the State of public school pupils and that the parents or guardians of home-schooled children provide documentation to the resident district board of education no later than September 1 of each year that the

child has undergone an annual medical examination.

Motion:________________________________Seconded:__________________________

5. FOR BOARD CONSIDERATION:

Correspondence received from Mr. Mark A. Mahran, 14 Deb Lynn Drive, Erial, New Jersey 08081in connection with his conviction of Distribution of CDS and his desire to complete a term of training at Rizzieri Aveda School for Beauty and Wellness and eventually become licensed. This matter is presented in order that the Board might render a determination with respect to Mr. Mahran's eventual eligibility for admission to examination.

Motion:________________________________Seconded:__________________________

6. FOR BOARD CONSIDERATION:

A memorandum received from Deputy Attorney General Adriana Baudry in connection with Sora Ahn and the Provisional Order of Discipline issued to her on August 18, 2003. Deputy Attorney General Baudry has indicatd that Ms. Ahn requested modification or dismissal of the order on September 8, 2003 and some time to furnish written evidence supporting her request but has not, to date, done so and that in light of her failure to submit any evidence supporting her request, the Board should enter it's Final Order of Discipline.

Motion:________________________________Seconded:__________________________

7. FOR BOARD CONSIDERATION:

A memorandum received from Deputy Attorney General Adriana Baudry in the matter of Eun Jung Kim, the Provisional Order of Discipline issued to her on November 20, 2003 and the correspondence Ms. Kim submitted advising that she attempted to contact her beauty school in Korea but that the school is closed and she is unable to prove she graduated from Jasmil Beauty School. Deputy Attorney General Baudry has indicated that Ms. Kim's letter does not appear to support modification or dismissal and that the Board should enter it's Final Order of Discipline.

Motion:________________________________Seconded:__________________________

8. FOR BOARD CONSIDERATION:

A memorandum received from Deputy Attorney General Adriana Baudry in the matter of Kyung Ae Ko, the Provisional Order of Discipline issued to her on November 24, 2003 and the correspondence she received from Sung B. Rim, Esquire requesting a modification of the Provisional Order of Discipline. She has indicated that it is apparent that any hearing in this matter would be for the purpose of mitigation and if the Board wishes to alter it's penalty position of $1500.00, she will convey the new position to counsel in an effort to resolve this matter. If not, she has asked that the Board schedule a hearing so that Ms. Ko can offer mitigation testimony given that she admits to the alleged conduct.

Motion:________________________________Seconded:__________________________

9. FOR BOARD CONSIDERATION:

Information received from Mr. & Mrs. John Byrne, 315 Chairville Road, Southampton, New Jersey 08088 on behalf of their daughter, Laura and correspondence received from Mr. Scott A. Woodruff, Esquire, Home School Legal Defense Association in connection with same. The Byrne's have furnished copies of Laura's two (2) SAT results, a copy of her PSAT results, her academic file from Rizzieri Aveda School for Beauty and Wellness; and Mr. Woodruff has explained Title 18A of the New Jersey Statutes Annotated, contends that Laura has finished an educational program in one of the three lawful options and has

indicated that he will appreciate the Board's prompt approval of Laura's request.

Motion:________________________________Seconded:__________________________

10. FOR BOARD CONSIDERATION:

Correspondence received from Ms. Sarah Roener, 154 Southern Boulevard, Chatham, New Jersey 07928 in connection with the outstanding penalty assessed against her in the amount of $300.00 for her alleged violation of N.J.S.A. 45:5B-7 at Holiday Hair Dressers, New Providence, New Jersey on December 13, 2002. She has indicated that she would like to waive her right to a hearing but has furnished a written explanation for the Board to consider before rendering it's final decision.

Motion:________________________________Seconded:__________________________

11. FOR BOARD CONSIDERATION:

Correspondence received from Mr. Pasquale Colella, t/a 7 C's Barber Shop, 101 Mathistown Road, Harbor Plaza, Mystic Islands, New Jersey 08087 in connection with the outstanding penalties assessed against him in the amount of $800.00 for the alleged violations resulting out of an inspection of his shop on October 30, 2002. He has indicated that he would like to waive his right to a hearing but has furnished a written explanation for the Board to consider before rendering it's final decision.

Motion:________________________________Seconded:__________________________

12. FOR BOARD CONSIDERATION:

Correspondence received from Ms. Chung Suk Ryang, 34-24 70 Street, 1st. Floor, Jackson Heights, New York 11372 in connection with the outstanding penalty assessed against her in the amount of $300.00 for her alleged violation of N.J.S.A. 45:5B-7 at Tina Nail, Pompton Plains, New Jersey on May 8, 2002. She had indicated that she would like to waive her right to a hearing but has furnished a written explanation for the Board to consider before rendering it's final decision.

Motion:________________________________Seconded:__________________________

13. FOR BOARD CONSIDERATION:

Correspondence received from Mr. Gary T. Reece, Superintendent, Watchung Hills Regional High School on behalf of Marfa Haleta Paul. He has indicated that as a former Assistant Commissioner of the New Jersey Department of Education, he appreciates the need to adhere to State laws and regulations, that he understands that State regulations required her to renew her cosmetology license even though she limits her business to cutting hair and opens her shop only one day a week but that in this specific instance, waiving the license requirement is not only the right thing to do but also serves the public's interest.

Note: The Board considered this matter at the regular monthly meeting held December 9, 2003, found her guilty of charges resulting out of an August 27, 2003 inspection and ordered her to pay a penalty of $700.00 and to cease and desist from practicing without a valid license. The Board also recommended that she apply to restore her practicing license by examination immediately.

Motion:________________________________Seconded:__________________________

14. FOR BOARD CONSIDERATION:

Correspondence received from Ms. Nam Duk Shin, t/a Choice Nail, 1750 Fullerton Avenue, Montclair, New Jersey 07042 in connection with the penalties assessed against her in the amount of $500.00 for the alleged violations resulting out of an inspection of her shop on September 10, 2003. She has admitted to

operating with Miriana Roman practicing cosmetology and hairstyling without a valid license and has paid the penalty ($300.00) assessed for that violation; and she has indicated that she would like to waive her right to a hearing on the charge of operating without all current licenses on display(Hi Soon Lee-Yun) but has furnished a written explanation for the Board to consider before rendering it's final decision. Motion:________________________________Seconded:__________________________

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